Pincus' suit says because of the amount of ice Starbucks uses in their iced beverages, customers often end up with half of the amount of drink that is listed on Starbucks' menus in fluid ounces. The suit alleges that Starbucks is purposefully tricking customers into paying for more product than what they are provided with.

Pincus argues that a venti cold beverage may be advertised as being 24 fluid ounces, but only features 14 ounces in reality.

Specifically, the lawsuit alleges:

The word 'beverage' is defined as 'a drinkable liquid.' Ice is not a 'beverage' by definition. Accordingly, Starbucks actually gives the customer much less beverage in the cold drinks they order and pay for....Starbucks' Cold Drinks are underfilled to make more money and higher profits, to the detriment of consumers who are misled by Starbucks' intentionally misleading advertising practices."

A spokeswoman for Starbucks claims the suit is nothing more than a bunch of bunk, saying, "Our customers understand and expect that ice is an essential component of any 'iced' beverage."